NY psychiatrist arrested on rape charges

FRANK ELTMANAssociated Press

Published 11:01 am, Thursday, April 19, 2012

MINEOLA, N.Y. -- A psychiatrist who had his medical license suspended, then revoked, more than a decade ago because of misconduct allegations is accused of raping a woman he was treating for depression inside his Long Island office, police said Thursday.

Dr. Marshall Hubsher, who eventually regained his license, was arrested at his Sands Point home on Wednesday night and was scheduled to be arraigned Thursday on third-degree rape and criminal sex act charges. His attorney did not immediately respond to telephone messages seeking comment.

A patient accused Hubsher of engaging in sexual relations with her during an April 3 treatment session, said Detective Sgt. Carlo Maltempi of the Nassau County Police Department's special victims' squad. He said the 32-year-old woman, who had only been treated by Hubsher twice, reported the encounter to police several days after it occurred.

It is illegal for a physician to engage in sexual relations with a patient, regardless of whether the patient consents, Maltempi said.

He said the investigation was ongoing and appealed to any other possible victims to contact police.

Records from the state Health and Education departments chronicle allegations of misconduct against Hubsher dating back more than three decades.

His medical license was suspended in 1987 after he pleaded guilty to Medicaid fraud and was sentenced to four months in prison. Hubsher also pleaded guilty in 1980 to drug charges, admitting he possessed 2,000 Quaaludes. He was fined $5,000 in that case.

In 1995, Hubsher's license was revoked after an investigation determined he had been practicing psychiatry while his license was suspended. An application for reinstatement was denied in 2000, but Hubsher regained the license six years later.

A report from the Education Department's Office of Professional Discipline dated April 13, 2006, noted Hubsher had "acknowledged the seriousness of his misconduct and its effect on his patients, and he appears to have recognized the necessity of conducting his practice in accordance with requirements designed to protect the public from harm."